scholarly journals International protection of persons with mental disabilities

Temida ◽  
2007 ◽  
Vol 10 (3) ◽  
pp. 11-24
Author(s):  
Zoran Radivojevic ◽  
Nebojsa Raicevic
Keyword(s):  
Soft Law ◽  
The European Union ◽  
Mental Disabilities ◽  
International Treaties ◽  
Council Of Europe ◽  
International Protection ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
The Status ◽  
Special Protection

In International law, the status of persons with mental disabilities is regulated within the framework on the protection of persons with disabilities. Their rights are protected not only by international treaties comprising legal provisions of binding character for the parties but also by means of the so-called "soft law" comprising international documents which are not legally binding. Most of the general and subject specific treaties on human rights do not explicitly deal with the status of persons with disabilities. Only recently have some treaties been made containing legal provisions on special protection of persons with disabilities. The most important treaty of this kind is the UN Convention on the Rights of Persons with Disabilities, adopted in the year 2006. The protection of such persons is regulated in much more detail by "soft law" which includes a number of documents adopted by the UN, the Council of Europe and the European Union. Although most of these documents primarily pertain to the rights and the status of persons with disabilities, there are a few that exclusively deal with the protection of persons with mental disorder.

The European Charter of Local Self-Government

2015 ◽  
Author(s):  
Chris Himsworth
Keyword(s):  
Critical Study ◽  
The European Union ◽  
Future Prospects ◽  
Council Of Europe ◽  
International Treaty ◽  
Additional Protocol ◽  
Domestic Courts ◽  
The Status ◽  
History Of ◽  
Regional Authorities

The first critical study of the 1985 international treaty that guarantees the status of local self-government (local autonomy). Chris Himsworth analyses the text of the 1985 European Charter of Local Self-Government and its Additional Protocol; traces the Charter’s historical emergence; and explains how it has been applied and interpreted, especially in a process of monitoring/treaty enforcement by the Congress of Local and Regional Authorities but also in domestic courts, throughout Europe. Locating the Charter’s own history within the broader recent history of the Council of Europe and the European Union, the book closes with an assessment of the Charter’s future prospects.

Part III Regional Regimes, Ch.19 Regional Refugee Regimes: Europe

2021 ◽  
Author(s):  
Tsourdi Evangelia (Lilian)
Keyword(s):  
European Convention ◽  
Soft Law ◽  
Border Control ◽  
The European Union ◽  
Council Of Europe ◽  
Eu Countries ◽  
Refugee Protection ◽  
Asylum Law ◽  
And Migration ◽  
The Eu

This chapter examines refugee protection in Europe, defining Europe based on its two distinct legal regimes, the European Union (EU) and the Council of Europe (CoE). The EU and its Member States have developed a regional asylum framework, encompassing legislative, responsibility-allocation, and practical components. In parallel, EU border control, visa, and migration measures impact asylum by deflecting protection obligations to non-EU countries. The chapter then analyses the EU’s ambivalent asylum system before turning to the CoE, focusing on both the European Convention on Human Rights and soft law adopted in the CoE framework. EU asylum law has an expansive impact beyond the EU, including in neighbouring non-EU countries. To illustrate these expansive trends, the chapter looks at refugee protection in Turkey and Ukraine.

scholarly journals Commissaire Général Aux Réfugiés et Aux Apatrides v. Mostafa Lounani (C.J.E.U.)

2018 ◽  
Vol 57 (6) ◽  
pp. 1080-1096
Author(s):  
Sarah Progin-Theuerkauf
Keyword(s):  
European Union ◽  
Security Council ◽  
Geneva Convention ◽  
United Nations Security Council ◽  
The European Union ◽  
International Protection ◽  
Court Of Justice ◽  
The Status ◽  
Grand Chamber ◽  
The Eu

On January 31, 2017, the Grand Chamber of the Court of Justice of the European Union rendered its judgment in the case Commissaire général aux réfugiés et aux apatrides v. Mostafa Lounani. In the judgment, the Court had to interpret the exclusion grounds of the EU Qualification Directive of 2004 that in its Article 12(2) has literally duplicated Article 1F of the 1951 Geneva Convention Relating to the Status of Refugees. It had to answer the question of whether an applicant for international protection can be excluded from being a refugee even though it is not established that he himself committed, attempted to commit, or threatened to commit a terrorist act as defined by the resolutions of the United Nations Security Council, but has “just” been convicted of participation in the activities of a terrorist group.

scholarly journals The ‘Europe with the Regions’ before the Court of Justice

2019 ◽  
Vol 26 (2) ◽  
pp. 271-293 ◽  
Author(s):  
Carlo Panara
Keyword(s):  
Policy Making ◽  
Case Law ◽  
Soft Law ◽  
The Political ◽  
The European Union ◽  
Court Of Justice ◽  
The Status ◽  
The Right ◽  
Regional Languages ◽  
The Eu

This article analyses the case law of the Court of Justice of the European Union (CJEU) concerning the regions. It argues that there is a discrepancy between the progressive framing of a ‘Europe with the regions’ in the political sphere and the limited impact of the Court in this field. This discrepancy does not emerge everywhere, nor does it emerge with the same intensity in all sectors. Indeed, in a number of areas, the CJEU has acknowledged the role and responsibilities of the regions. Examples include the right/duty of the regions to implement EU obligations, the protection of regional languages, as well as the ‘sufficient autonomy’ test developed by the CJEU in relation to state aid. There is no ‘ideological opposition’ of the CJEU to an increasing ‘regionalisation’ of the EU. There are, however, structural hindrances that prevent the Court from promoting further advancements of the status of the regions in the European edifice, particularly as regards their participation in EU processes. Since the EU remains a ‘union of states’, the ‘Europe with the regions’ has developed so far, and is likely to continue to develop, via advancements reflected in policy-making practices, soft-law arrangements and Treaty amendments rather than via the ‘judge-made federalism’ of the Court.

scholarly journals The place and role of the environment in the foreign policy of the Republic of Serbia

2013 ◽  
Vol 65 (2) ◽  
pp. 205-237
Author(s):  
Dragoljub Todic
Keyword(s):  
Foreign Policy ◽  
Environmental Issues ◽  
The European Union ◽  
International Treaties ◽  
Global Issues ◽  
The Status ◽  
Policy Objectives ◽  
The Republic ◽  
State Of The Environment

The paper points to some methodological and terminological dilemmas in defining the framework of the research as well as the linkage of environmental issues with other relevant issues. Based on the provisions contained in the strategic documents and relevant sources of law there have been analyzed factors that determine the place and the role of the environment in the foreign policy and they are as follows: the state of the environment, the policy objectives of the Republic Serbia (RS) in the environmental field, powers for dealing with environmental issues, powers and way of organizing foreign affairs, perspective of the RS membership in the European Union (EU), global and regional challenges in the environmental field, the place of international co-operation in environmental regulations, membership in international organizations in the environmental field, the status of the RS in international treaties in the environmental field, etc. The second part of the paper emphasizes the possibilities of strengthening the environmental role as a subject of co-operation in achieving certain objectives in the foreign policy of the RS. The author argues the thesis that the place and role of the environment in the foreign policy of the RS are not defined in a clear and precise manner. However, it can be said that the general framework is determined in large part by perspective of the RS membership in the EU and specific regional and global issues in the environmental field.

scholarly journals The unification of legal regulation of representation in international commerce

2015 ◽  
Vol 3 (2) ◽  
pp. 51-58
Keyword(s):  
Geneva Convention ◽  
Hague Convention ◽  
Legal Regulation ◽  
Soft Law ◽  
The European Union ◽  
International Treaties ◽  
European Contract ◽  
External Relationships ◽  
Model Law ◽  
The Hague Convention

The author assesses the main international treaties in the sphere of representation: the Hague convention on the law applicable to agency 1978, the Geneva convention on agency in the international sale of goods 1983, acts of soft law (UNIDROIT Principles of international commercial contracts, Model commercial agency contract and Guide for the drawing up commercial agency contracts of International Chamber of Commerce), Directives and Regulations of the European Union, Principles of European contract law, Draft common frame of reference. The author concludes about necessity of drafting at the universal level a document of soft law (in the form of a model law) containing the substantive rules on internal and external relationships of a commercial representation.

LEGAL FRAMEWORK OF THE EUROPEAN UNION’S COUNTER-TERRORISM ACTIVITIES

2021 ◽  
Author(s):  
E.V. Alferova ◽  
T.V. Zakharov
Keyword(s):  
Legal Framework ◽  
Terrorist Attacks ◽  
The European Union ◽  
International Treaties ◽  
Council Of Europe ◽  
Conflict Zones ◽  
Counter Terrorism ◽  
Eu Member States ◽  
Regional Strategies ◽  
The Eu

In recent years, European states have been repeatedly subjected to deadly terrorist attacks. The threat faced by EU Member States is multifaceted: from the return of foreign terrorist fighters from conflict zones to the extremist activities of homegrown terrorists and «lone wolves». In order to prevent terrorist attacks and combat terrorism, EU authorities and national states develop counter-terrorism policies and legislation. Based on the long-term activities of the UN in this area and on its own experience, the European Union adopts a large number of political and regulatory legal documents. The EU’s anti-terrorism policy and legislation are becoming more effective and realistic year after year, and intergovernmental cooperation mechanisms are being developed in the form of international treaties or politically binding recommendations and guidelines. In recent years, a number of new legal and other standards have been developed, which, together with existing international and regional strategies, conventions, recommendations and agreements, form the basis for current and future work in the field of combating terrorism and preventing radicalization and extremism leading to terrorism. The article examines some key documents of the EU and the Council of Europe adopted after September 11, 2001, including the EU Counter-Terrorism Strategy of 2005, updated in 2016, as well as new directions and measures to combat terrorism in the last three years (2018-2020). Based on the legal databases of the Council of the EU, the European Commission, the European Parliament, and the Council of Europe, a quantitative sample and an approximate count of anti-terrorist and related regulatory legal and individual acts adopted in 2018-2020 were made. The proposals of scientists and experts, including those expressed at the forums of international organizations, on improving the EU Counter-Terrorism Strategy are summarized.

An Axiology of the European Legal Space

2020 ◽  
Author(s):  
Iwona Wrońska
Keyword(s):  
International Law ◽  
Research Area ◽  
The European Union ◽  
International Organisations ◽  
Council Of Europe ◽  
Application Of Law ◽  
Legal Provisions ◽  
Legal Space ◽  
The Common ◽  
Sphere Of Influence

Law cannot be created without value or based on false values, therefore dealing with the axiology of law is necessary, also in the context of international law. Therefore, it was considered justified to study values and to address the issue of the axiology of law in the analyses of the legal specificity of the European legal space, which was also made an essential objective of these considerations. The framework of the considerations was narrowed down to the European legal area, considering it to be the normative sphere of influence of European international organisations, i.e. the Council of Europe, the European Union and the Organisation for Security and Cooperation in Europe. With this research area in mind, the concepts that formed the core of the considerations were analysed, namely: the concept of the European Legal Area, the axiology of European law and legal culture. The aim of the analysis is to show that the common values of the law, which the European legal area upholds, determine the direction of legislation, interpretation of legal provisions and the direction of application of law, thus promoting the formation of a coherent legal order in Europe.

Observing Minority Rights in the Administration of Justice and Public Administration: European Developments in 2016

2018 ◽  
Vol 15 (01) ◽  
pp. 113-147
Author(s):  
Noemi Nagy
Keyword(s):  
Case Law ◽  
Special Focus ◽  
Minority Languages ◽  
The European Union ◽  
Council Of Europe ◽  
National Minorities ◽  
European Court ◽  
Administration Of Justice ◽  
The Status ◽  
Judicial Proceedings

This article overviews the 2016 developments concerning the status and rights of European minorities with respect to administrative and judicial proceedings, with special focus on language rights. The longest section of the article is devoted to the activities of the Council of Europe, including the case-law of the European Court of Human Rights and the implementation of the European Charter for Regional and Minority Languages, as well as the Framework Convention for the Protection of National Minorities. Furthermore, the relevant legal developments in the activities of the United Nations, the Organization for Security and Cooperation in Europe and the European Union are presented.

scholarly journals EUROPEAN UNION LEGAL PROVISIONS ON THE ADMISSION OF THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF EMPLOYMENTAS SEASONAL WORKERS

2018 ◽  
Vol 12 (1) ◽  
pp. 46-52
Author(s):  
ELISE-NICOLETA VÂLCU
Keyword(s):  
European Union ◽  
Migration Policy ◽  
The European Union ◽  
International Protection ◽  
Asylum Policy ◽  
Seasonal Workers ◽  
Legal Provisions ◽  
Legal Immigration ◽  
The Impact ◽  
Made In

”The global approach in matters of migration and mobility”, adopted by the Commission in 2011, sets out a general framework for the relations of the European Union with the third countries in matters of migration. This approach is based on four pillars: legal immigration and mobility, illegal immigration and human trafficking, international protection and asylum policy, as well as maximization of the impact of migration and of mobility on development.On 13th May 2015, the Commission presented”The European Agenda on migration” proposing immediate measures and actions to perform in the following years for a better management of migration under all its aspects. Within it, the Commission proposes orientations in four directions: reduction of factors encouraging clandestine migration; a border management aiming at lifesaving and border security; development of a sounder asylum common policy; and establishment of a new policy in matter of legal migration by modernising and revising the ”blue card” regime, by establishing some new priorities of the integration policies and by optimising the advantages of the migration policy for the aimed persons and the countries of origin. In September 2018, the Commission published a report on the progress made in the implementation of the European Agenda on migration, examining the progress and deficiencies in its implementation.

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